Practice point: Under the doctrine, by engaging in a sport or recreational activity, a participant consents to those commonly appreciated risks which are inherent in and arise out of the nature of the sport generally and which flow from such participation.
Student note: This includes risks associated with the construction of the playing surface and any open and obvious condition on it.
Case: MacIsaac v. Nassau County, NY Slip Op 05814 (2d Dep't July 26, 2017)
Here is the decision.
Tomorrow's issue: A conditional order of preclusion.
